By clicking on the "Terms and Conditions" checkbox and successfully completing the registration process for a Merchant Account, You are stating that You are Eligible to be a Merchant with Us and that You have read, understood and agreed to be bound by all of these Terms and Conditions of Service ("T&Cs"), which are not subject to negotiation.
This web site, www.msmartpay.in is published and maintained by M K Jindal Private Limited. When the User access, browse or use this site, User accepts, without limitation or qualification, the terms and conditions set forth herein below. When the User access any sub site through this site, then such sub site may have its own terms and conditions of use which is specific to such sub site. These Terms and Conditions of use and any additional terms posted on this site together constitute the entire agreement between M K Jindal Private Limited and the User with respect to use of this Site. In the case of any violation of these Terms and Conditions, M K Jindal Private Limited reserves its rights to seek all remedies available in law and in equity for such violations
All materials provided on this Site are only for the specific purpose only. User shall not distribute exchange, modify, sell or transmit anything that User copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as the User complying with the terms of these Terms and Conditions of use stated herein, M K Jindal Private Limited grants to User a non exclusive, non transferable, limited right to enter, view and use this Site. The User agrees not to interrupt or attempt to interrupt the operation of this Site in any way. Access to certain areas of the Site may only be available to registered members. To become a registered member, an unregistered User may be requiring to answer certain questions, answers to such questions may be mandatory and/or optional. The User represents and warrants that all information that User supply to us, about himself/herself, and others, is true and accurate. All Materials herein and all software are proprietary to M K Jindal Private Limited and protected by applicable copyright and other intellectual property laws.
All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Contentâ€), are protected by applicable copyright and other copyright laws. User cannot use the Content, except as specified herein. The User agrees to follow all instructions on this Site limiting the way the User may use the Content. There are number of proprietary logos, service marks and trademarks displayed on this Site whether owned/used by Venus Utility or otherwise. By displaying them on this Site, M K Jindal Private Limited is not granting to User any license to utilize those proprietary logos, service marks, or trademarks, in any manner whatsoever. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The User agrees that User will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. User agrees that User will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. User agrees that User will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Internet transmissions are never completely private or secure. User understands that any message or information that User sends to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card, Debit card information) is encrypted (send in code). Sending a message to site does not cause site to have any special responsibility to User. The copyright in the contents of this website belong to Venus Utility, accordingly M K Jindal Private Limited reserves all the rights. Copying of part or all the contents of this website without permission of Venus Utility is prohibited except to the extent that such copying/printing is necessary for the purpose of availing the service opted by the user for his/her convenience.
M K Jindal Private Limited may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site will become applicable as soon as they are posted. By continuing to use this Site after any changes, the User is indicating the acceptance of those changes. M K Jindal Private Limited may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications, process flow depicted on the Site, temporarily or permanently, at any time, without notice and without any liability. M K Jindal Private Limited reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of M K Jindal Private Limited systems remain, well protected. Towards this end, M K Jindal Private Limited may take various steps to verify and confirm the authenticity, enforce-ability and validity of the transactions committed by the User.
M K Jindal Private Limited Recharges :
M K Jindal Private Limited is providing recharge services of various prepaid and postpaid mobile phones, DTH just as a reseller only. M K Jindal Private Limited is not a telecommunication company/service provider or DTH service provider and is only a reseller of prepaid, postpaid mobile and DTH services provided by telecommunications and DTH service providers or other distributors or aggregators of such service providers. M K Jindal Private Limited does not warrant or guaranty of the services to be provided by the service provider(s). Recharge sold by us to User is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between User (or the recipient of the Recharge) and the Telco.
Travels :
Bill payment/Insurance Premium payment etc :
For availing or using the said service of payment of any bill, Premium etc. User undertakes to provide complete, correct and all the requisite information for making the payment. Failure to provide complete or correct information will entitle M K Jindal Private Limited to reject the transaction, suspend or terminate User's account for any future operation M K Jindal Private Limited shall not be responsible for any liability arising due to any of the below stated reason which is not an exhaustive list:User's Obligations
General Obligations: The User shall access the site only for laws and specific purpose(s) for which he/she has opted for and User shall be responsible for complying with all applicable laws, statutes and rogations in connection with the use of this web site. The User shall not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website. User shall not create a hypertext link to the Website or "frame" the Website..
Information Provided: The information provided by the User in the Registration page must be complete and accurate. M K Jindal Private Limited reserves the right at all times to disclose any information as M K Jindal Private Limited deems fit & necessary to comply any applicable law, roation, legal process, or Central / State Governmental request.
User may only use this service to make legitimate transaction / payments. Without limitation, any sedative, false or fraudent transaction is prohibited. The services provided by the Site are opted by the User for his/her convenience.
User Responsibility: The User confirms to us that User is 18 years of age or above and has the legal capacity to enter into this Agreement with us and that all information provided by the User in respect of use of the service is true and accurate to the best of User’s knowledge and belief. User is responsible for the security of the password and for all transactions undertaken using his/her password through our service. The User confirms that User is the authorized holder of the original account used in the transactions and and User alone uses the "id" and "password" created by the User for the site. M K Jindal Private Limited or any of its representative, agent, constant, sub contractor etc. will not be responsible for any financial loss, inconvenience or mental agony resting from use or misuse of User ID/password/credit card details/Debit card details/bank account details for making transactions on / from this site.
Avoid double booking: If User tried to make an online transaction and due to some technical error, User did not get any payment confirmation, please check the respective account details from transacting bank or speak to customer care, before attempting another transaction. M K Jindal Private Limited or any of its representative, agent, constant, sub contractor etc. will not be responsible for any such transaction losses.
Disclaimer: the materials displayed on this Site cod include technicalinaccuracies or typographical errors. M K Jindal Private Limited or any of its representative, constant, sub contractor etc may make changes or improvements at any time to rectify or make improvements in the contents of the website.
M K Jindal Private Limited does not warrant that the functions contained in this site will be uninterrupted or error free. Error or defects may arises during the normal usage of the site, that errors/defects will be corrected and make it free of viruses or other harm components, but shall endeavor to ensure your flest satisfaction.
M K Jindal Private Limited does not warrant or make any representations regarding the use of or the rest of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from us.
User acknowledges that access to this Website is provided only on the basis set out in these terms and conditions. User’s uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a rest of any maintenance or other service work carried out on this Website. M K Jindal Private Limited does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
Force majeure
M K Jindal Private Limited shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions or are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.
Safety of data Downloaded
The User understands and agrees that availing any of the services through this site or any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at his/her own discretion and risk and User will be solely responsible for any damage to his/her computer systems or loss of data that rests from the downloading of any material and/or data or availing any of the services available on this site. Nevertheless, M K Jindal Private Limited will always make its best endeavors to ensure that the content on this websites or other information channels are free of any virus or such other malwares, malfunctions etc.
Relationship
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of this Websites, shall be deemed to constitute a partnership between the User and M K Jindal Private Limited and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way
Relationship
M K Jindal Private Limited hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. M K Jindal Private Limited considers itself and intends to be subject to the jurisdiction only of the courts of Delhi.
Limitation of Liability
Notwithstanding anything to the contrary contained herein, neither M K Jindal Private Limited nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to users or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. to the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the value of the transaction or rs 500/- (rupees five hundred only) whichever is lesser.
Dispute Resolution
Parties agree that any dispute arising out of this agreement shall be first resolved by amicable means and failure to resolve the same within 30 days shall entitle the parties to refer it to the arbitration conducted by sole arbitrator appointed by M K Jindal Private Limited .The proceeds shall be conducted as per Arbitration and conciliation Act 1996 or any of its successive status. The seat of arbitration shall be at Delhi and proceeding being conducted in English language. The award passed by the arbitrator shall be final and binding on the parties.
Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable
Heading
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof
Entire Agreement
This is the entire agreement between User and M K Jindal Private Limited relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by M K Jindal Private Limited in accordance with the terms of this Agreement.
Termination
User agrees that M K Jindal Private Limited shall have all the rights to suspend or terminate User's account wholly or partly or usage of services and/or User's profile at any time. M K Jindal Private Limited may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice.
